U.S. Court of Appeals for the Ninth Circuit, 2010

Pedro Santiago-Reyes v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit · Decided September 27, 2010 · Silverman, Callahan, Smith

397 F. App'x 344

Counsel

Edwin F. Lara, Los Angeles, CA, pro se., CAC-District Counsel, Esquire, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Marshall Tamor Golding, I, Esquire, U.S. Department of Justice, Washington, DC, Ronald E. Lefevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Opinion

MEMORANDUM **

Edwin F. Lara, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s continuous physical presence determination, Canales-Vargas v. Gonzales, 441 F.3d 739, 742 (9th Cir. 2006), and we deny the petition for review.

The record does not compel the conclusion that Lara met his burden of establishing continuous physical presence where he failed to provide sufficient evidence supporting his presence from March 1995 to March 2005. See Singh-Kaur v. INS, 183 F.3d 1147, 1150 (9th Cir. 1999) (a contrary result is not compelled where there is “[t]he possibility of drawing' two inconsistent conclusions from the evidence”) (internal quotation marks and citation omitted).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.